Uninsured and Underinsured Motorist Claims in New York: What Victims Need to Know
Car accidents are stressful enough—but when the at-fault driver has little or no insurance, victims often face added uncertainty and frustration. Fortunately, New York law provides important protections for injured individuals through uninsured motorist (UM) and underinsured motorist (UIM) coverage. If you’ve been hit by a driver without sufficient insurance, here’s what you need to know.
What Are Uninsured and Underinsured Motorist Claims?
- Uninsured Motorist (UM) coverage kicks in when the at-fault driver has no insurance at all.
- Underinsured Motorist (UIM) coverage applies when the at-fault driver’s insurance policy is insufficient to cover your injuries and losses.
In New York, UM coverage is required as part of your auto insurance policy, while UIM is optional but highly recommended.
Step 1: Seek Immediate Medical Attention
As with any accident, your health comes first. Get medical attention as soon as possible, and keep detailed records of your treatment and expenses.
Step 2: Report the Accident
File a police report and notify your insurance provider. Be sure to specify if the other driver lacked insurance or had minimal coverage. This report helps support your claim.
Step 3: Review Your Insurance Policy
Carefully check your policy for the limits and terms of your UM/UIM coverage. These provisions determine how much compensation you may be entitled to and under what circumstances.
Step 4: File a UM or UIM Claim with Your Insurer
You can file a claim directly with your own insurance provider under the UM or UIM coverage. The process is similar to a standard injury claim and may include:
- Providing medical records
- Submitting evidence of the accident
- Proof of the other driver’s insurance status
At Alan Ripka & Associates, we assist clients in preparing and negotiating these claims to maximize their payouts.
Step 5: Be Prepared for Pushback
Insurance companies—even your own—may attempt to minimize or delay your claim. Having legal representation ensures that:
- Your documentation is strong and timely
- You understand the full value of your claim
- You avoid common pitfalls that reduce compensation
What Damages Can You Recover Under UM/UIM?
You may be entitled to compensation for:
- Medical bills
- Lost income
- Future medical care
- Pain and suffering
- Disability or disfigurement
In severe cases, a Supplementary Uninsured/Underinsured Motorist (SUM) claim may be needed to pursue the full value of your losses.
Understand the Legal Time Limits
New York’s statute of limitations for personal injury claims is typically three years. However, insurance claims under UM/UIM provisions often have shorter time limits set by the policy. Review your contract and act promptly.
When to Hire an Attorney
UM/UIM claims involve technical insurance language and firm deadlines. A New York personal injury attorney can:
- Analyze your insurance policy
- Handle insurer negotiations
- Prove liability and damages
- Take legal action if the insurer acts in bad faith
Related Legal Services
- Legal Steps After a Bicycle Accident in New York City
- How to File a Personal Injury Claim After a Slip and Fall in New York
Conclusion
Getting hit by an uninsured or underinsured driver in New York doesn’t mean you have to bear the burden alone. With proper legal support and strategic filing of a UM or UIM claim, you can still recover the compensation you need to move forward.
Contact Alan Ripka & Associates today for a free consultation, and let us help you secure justice.
